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S1149.................................................by HEALTH AND WELFARE SUBSTANCE ABUSE/MENTAL HEALTH - TREATMENT - Adds to existing law relating to substance abuse and mental health treatment to authorize the courts to order defendants to undergo substance abuse assessments and mental health examinations; to provide for plans of treatment for substance abuse; to set forth guidelines for mental health examination reports; to provide for plans of treatment for mental health; to require criminogenic assessments and the delivery of such assessments to specified persons; to require that certain assessments, reports and plans of treatment be sent to the Department of Correction in certain circumstances; and to provide for payment of assessment and treatment expenses. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Jud 02/26 Rpt out - rec d/p - to 2nd rdg 02/27 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Coiner Floor Sponsor - Stegner Title apvd - to House 03/02 House intro - 1st rdg - to Health/Wel 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews, McGeachin, Nielsen, Nonini, Pasley-Stuart, Patrick, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Edmunson, Harwood, Mortimer, Moyle, Pence, Thayn Floor Sponsor - Block Title apvd - to Senate 03/23 To enrol 03/26 Rpt enrol - Pres signed - Sp signed - To Governor 03/30 Governor signed Session Law Chapter 310 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1149 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO SUBSTANCE ABUSE AND MENTAL HEALTH TREATMENT; AMENDING CHAPTER 25, 3 TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 19-2524, IDAHO 4 CODE, TO AUTHORIZE COURTS TO ORDER DEFENDANTS TO UNDERGO SUBSTANCE ABUSE 5 ASSESSMENTS AND MENTAL HEALTH EXAMINATIONS, TO PROVIDE FOR PLANS OF TREAT- 6 MENT FOR SUBSTANCE ABUSE, TO SET FORTH GUIDELINES FOR MENTAL HEALTH EXAMI- 7 NATION REPORTS, TO PROVIDE FOR PLANS OF TREATMENT FOR MENTAL HEALTH, TO 8 REQUIRE CRIMINOGENIC ASSESSMENTS AND THE DELIVERY OF SUCH ASSESSMENTS TO 9 SPECIFIED PERSONS, TO REQUIRE THAT CERTAIN ASSESSMENTS, REPORTS AND PLANS 10 OF TREATMENT BE SENT TO THE DEPARTMENT OF CORRECTION IN CERTAIN CIRCUM- 11 STANCES AND TO PROVIDE PAYMENT OF ASSESSMENT AND TREATMENT EXPENSES. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Chapter 25, Title 19, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 19-2524, Idaho Code, and to read as follows: 16 19-2524. SUBSTANCE ABUSE AND MENTAL HEALTH TREATMENT. (1) When a defend- 17 ant has pled guilty to or been found guilty of a felony, or when a defendant 18 who has been convicted of a felony has admitted to or been found to have com- 19 mitted a violation of a condition of probation, the court, prior to the sen- 20 tencing hearing or the hearing on revocation of probation, may order the 21 defendant to undergo a substance abuse assessment and/or a mental health exam- 22 ination. 23 (2) If a substance abuse assessment ordered pursuant to this section 24 indicates that the defendant is a drug addict or alcoholic, as those terms are 25 defined in section 39-302, Idaho Code, then the assessment submitted to the 26 court shall also include a plan of treatment. If the court concludes at sen- 27 tencing that the defendant is a drug addict or alcoholic, as those terms are 28 defined in section 39-302, Idaho Code, and if the court places the defendant 29 on probation, the court may order the defendant, as a condition of probation, 30 to undergo treatment consistent with the plan of treatment, subject to modifi- 31 cation of the plan of treatment by the court. 32 (3) (a) If a mental health examination is ordered pursuant to this sec- 33 tion, the report of the mental health examination shall include the fol- 34 lowing: 35 (i) A description of the nature of the examination; 36 (ii) A diagnosis, evaluation or prognosis of the mental condition of 37 the defendant; 38 (iii) An analysis of the degree of the defendant's illness or defect 39 and level of functional impairment; 40 (iv) A consideration of whether treatment is available for the 41 defendant's mental condition; 42 (v) An analysis of the relative risks and benefits of treatment or 43 nontreatment; 2 1 (vi) A consideration of the risk of danger which the defendant may 2 create for the public if at large; and 3 (vii) A plan of treatment if the mental health examination indicates 4 that: 5 1. The defendant suffers from a severe and reliably diagnosable 6 mental illness or defect; 7 2. Without treatment, the immediate prognosis is for major dis- 8 tress resulting in serious mental or physical deterioration of 9 the defendant; 10 3. Treatment is available for such illness or defect; and 11 4. The relative risks and benefits of treatment or nontreatment 12 are such that a reasonable person would consent to treatment. 13 (b) If the court, after receiving the mental health assessment and plan 14 of treatment, determines that additional information is necessary to 15 determine whether the factors listed above in subsection (3)(a) are pres- 16 ent, or to determine an appropriate plan of treatment, the court may order 17 an evaluation and/or recommendations for treatment to be furnished by a 18 psychiatrist, licensed physician or licensed psychologist. 19 (c) If the court concludes at sentencing that all of the factors listed 20 above in subsection (3)(a) are present, and if the court places the 21 defendant on probation, then the court may order as a condition of proba- 22 tion that the defendant undergo treatment consistent with the plan of 23 treatment, subject to modification of the plan of treatment by the court. 24 (4) Where the court has ordered either a substance abuse assessment or 25 mental health examination of the defendant pursuant to this section, the court 26 shall also order a criminogenic risk assessment of the defendant if such an 27 assessment is not provided in the presentence report. Any substance abuse 28 assessment or report of mental health examination shall, in addition to the 29 criminogenic risk assessment, be delivered to the court, the defendant and the 30 prosecuting attorney prior to the sentencing or the hearing on revocation of 31 probation. 32 (5) If the defendant is sentenced to the custody of the board of correc- 33 tion, then any substance abuse assessment, report of mental examination, plan 34 of treatment or criminogenic risk assessment shall be sent to the department 35 of correction along with the presentence report. 36 (6) The expenses of the assessments and examinations, including any eval- 37 uation or recommendations for treatment ordered under subsection (3)(a) of 38 this section, and any treatment ordered by the court pursuant to this section 39 shall be borne by the department of health and welfare. The department of 40 health and welfare shall be entitled to any payment received by the defendant 41 or to which he may be entitled for the assessments, examinations and treat- 42 ment, and to any payment from any public or private source available to the 43 department of health and welfare because of the assessments, examinations and 44 treatment provided to the defendant. The department of health and welfare is 45 authorized to promulgate rules for a schedule of fees to be charged to defend- 46 ants for the assessments, evaluations and treatments provided to the defend- 47 ants based upon the costs of such services and the ability of the defendants 48 to pay.
STATEMENT OF PURPOSE RS 16969C1 This legislation is a recommendation of the Interim Committee on Mental Health and Substance Abuse that met during the past summer and fall of 2006. This legislation adds a new section to the Judgment Chapter of the Criminal Procedure Title of the Idaho Code that deals with substance abuse and mental health treatment and allows judges some broadened sentencing options. The legislation allows a judge to order a substance abuse assessment and/or a mental health examination for certain convicted felons and felony parole violators that appear before the court. Based on the results of an assessment or examination, and if the court places the defendant on probation, a judge may order, as a condition of probation, that the defendant undergo treatment consistent with a treatment plan contained in the assessment or examination report. A treatment plan would be subject to modification by the court. FISCAL NOTE While this legislation broadens the sentencing options for judges, it does so within the existing court structure, and the implementation of this legislation is not expected to have a fiscal impact on the general fund. It is possible that alternative sentencing options could potentially save the state money by reducing the number of prisoners sentenced to state correctional institutions. Contact Name: Senator Joe Stegner Phone: 208 332-1308 Representative Sharon Block Senator Joyce Broadsword Representative Margaret Henbest Senator Chuck Coiner Representative Jo An Wood Senator Elliot Werk STATEMENT OF PURPOSE/FISCAL NOTE S 1149